(1) Claims examiners may be certified by the department upon providing satisfactory evidence of meeting the following waiver requirements:

(a) evidence that the claims examiner has been actively engaged as a Montana claims examiner working on workers' compensation claims for five of the seven years immediately preceding the application for certification.

(b) the waiver may only be given if application and payment of the applicable fee is received within the first 12 months after the department has adopted the initial rules.